Felony charges dropped for child driver's dad in fatal ATV accident

Deal for Christopher Harms includes open sentence on misdemeanor

STERLING —One less defendant might face a felony charge stemming from a June, 2012 ATV accident that caused the death of 5-year-old Diezel Rupp.

Christopher Harms, the father of the 6-year-old boy who accidentally drove the ATV into a ditch, pleaded guilty to misdemeanor child abuse in a deal that would drop the more serious charge of negligent child abuse, causing death.

The plea isn't final; both sides asked to continue straight to sentencing Wednesday morning, but the judge opted to set the hearing forward and request a pre-sentence investigation.

Still, Harms's plea would drop the range of his sentence from up to 24 years in the Department of Corrections to up to 2 years in jail or 5 years of probation, with aggravating circumstances.

The sentence would be left open to the court as part of the deal. His hearing is scheduled for Aug. 5 at 9:30 a.m.

Harms is the first of four adults charged in the case to take a plea. His wife Donelle's case is still working its way through court, and Jennifer Harms - the girlfriend of Diezel's father Jeremy Rupp - had her case dismissed in November 2012.

After failing to have his case dismissed in a hearing February, Rupp faces a jury trial slated for Aug. 5-9.

Acording to interview recounts, all four were present on the property Chris and Donelle were leasing outside Crook where the accident took place. They had left the two boys — who were riding the ATV in a safe area — for about two minutes, giving them enough time to ride about an eighth of a mile away from the home and crash in an embankment.

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The Harms's son escaped with minor bruises and scrapes but Diezel, who was sitting behind him, was struck by the ATV as it rolled over.

In a motions hearing Tuesday the court ruled that Deputy District Attorney Travis Sides could submit "graphic" photos of the incident to the jury in Rupp's trial. Some of the roughly 15 photos show the victim's body after the crash.

"It's still evidence," Sides said. "It gives the clearest picture of what happened, (but) it's horrible that we have to present this evidence."

RE-1 Valley School District has announced its policy for determining eligibility of children who may receive free and reduced price meals served under the National School Lunch and School Breakfast Program.
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